WAQAR HASSAN MIR, J. --- The petitioner seeks his post-arrest bail in case F.I.R. No. 209/09, dated 9.6.2009 offence under Sections 302, 109, P.P.C., registered with Police Station Baseerpur, District Okara.
2. The learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. And was nominated in the supplementary statement of the same day; that the petitioner has been implicated in this case on account' of extra-judicial confession of co-accused. The learned counsel has also drawn my attention towards Annexure-C to this petition (affidavit of the complainant) whereby the complainant appeared before the Trial Court and stated that the present petitioner was innocent.
3. On the other hand, the learned Additional Prosecutor General submits that though the petitioner is not named in the F.1.R. But vide supplementary statement of the same day, he was nominated; that there is evidence of extra-judicial confession against the accused as well; that the complainant under certain advice and pressure appeared before the learned Trial Court and conceded that the petitioner is innocent.
4. Be that as it may, the petitioner is not named in the F.I.R. And supplementary statement, even of the same date, (sip) no evidentiary value arid extra-judicial confession of the co-accused inculpating the present petitioner is inadmissible in evidence. The appearance of- the complainant before the learned Trial Court and conceding the accused as innocent itself makes the case of the petitioner as that of further inquiry and probe into his guilt. Therefore, this petition is allowed and the petitioner is admitted to post-arrest bail in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the learned Trial Court.